1.1 These Terms may be accepted by clicking the “I accept” button or checking a checkbox if such button or function is available or present via the user interface for the respective Product. You also accept the Terms when You access or use the Product.

1.2 You affirm that You are of legal age to enter into these Terms. You may not use the Product if You are a: (a) person who is not of legal age or otherwise not able or entitled to form a binding contract with NETGEAR, or (b) person who is barred from receiving the Product under the laws of any country.

2.1 NETGEAR would like an opportunity to address Your concerns without a formal legal case. Before filing a claim, we encourage You to try to resolve the dispute informally by contacting legal@netgear.com .

2.2 For Consumer Customers resident in the EU/EEA: You may apply for an alternative out-of-court dispute resolution mechanism to solve any lawsuit relating to the agreement with the competent bodies as set forth in the applicable consumer rules. For residents of France, in accordance with Article L. 612-1 et seq. of the French Consumer Code, we inform You that You have the right, in the event of a dispute between You and NETGEAR, to file a request for mediation with consumers free of charge with a view to the amicable resolution of the dispute. NETGEAR is a member of AME Conso, which you can contact by sending a letter to AME CONSO, 197 boulevard Saint Germain - 75007 PARIS or via the website: https//www.mediationconso-ame.com.

3.1 Where permitted by law, You and NETGEAR agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to these Terms, the Products, and the relationship between You and NETGEAR, including claims that may arise after termination of this Agreement and claims relating to advertising or efficacy of the Products. All disputes concerning arbitrability (including disputes about the interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. This agreement covers claims against NETGEAR’s employees, agents, or subsidiaries.

3.2 To the extent possible under Your local law, arbitration will take place in Santa Clara County, California, governed and administered by the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, before one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, selected in accordance with JAMS procedures. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

3.3 CLASS ACTION WAIVER: YOU AND NETGEAR AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

3.4 Further, the arbitrator may not consolidate more than one person’s claims or preside over any form of representative, class, or private attorney general proceeding. This arbitration agreement does not prevent You from bringing issues to the attention of federal, state, or local agencies, who may seek relief on Your behalf. If this "Class Action Waiver" is found unenforceable, it cannot be severed and the entirety of this arbitration provision shall be null and void.

3.5 Notwithstanding any provision in this Agreement to the contrary, You agree that if NETGEAR makes any future, material change to this arbitration provision, You may reject any change by sending us written notice within thirty (30) calendar days of the change to legal@netgear.com . Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which You have already agreed, which would still remain in effect.

3.6 This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to legal@netgear.com within thirty (30) calendar days of purchasing Your NETGEAR Product.

3.7 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

4.1 NETGEAR may, at its discretion, modify, update, add to, discontinue, remove or otherwise change these Terms at any time (collectively, “Changes”). Changes shall become effective as follows:

(a) For NETGEAR websites, each time You visit Our websites will be governed by the then posted Terms,

(b) For NETGEAR Products and Services, Changes will take immediate effect if such Changes do not materially, negatively impact Your rights (such as, for example, a change to our contact information or terms for a new Product or Service feature). Where Changes may materially, negatively impact Your rights, NETGEAR will provide You with reasonable advance notice by email, regular mail, text message, updating its website, or other reasonable means,

(c) For subscription services, Changes will become effective upon renewal, unless the Changes do not materially negatively impact your rights (such as changes in NETGEAR contact information or terms for new Service feature), in which case such Changes become effective immediately.

4.2 Your continued use of the Product following any such notification constitutes acceptance of the Changes. If You do not agree, You must promptly discontinue use and cancel any agreements with NETGEAR. You may discontinue or cancel without penalty if doing so for the reason set out in this Section 4.2, provided You contact NETGEAR Support at www.netgear.com/support. The most current version of these Terms will be available on the NETGEAR website and supersedes previous versions.

4.3 For Consumer Customers resident in the EU/EEA and in the UK: in respect of any changes to the terms pursuant to Section 4.1 that materially and/or negatively impact Your rights, NETGEAR shall: (i) provide at least thirty (30) days' advance specifying the nature of the Changes and the reasons for making them; (ii) explain the anticipated practical effects of such Changes on the Consumer's use of the Product; and (iii) provide the Consumer with a right to terminate the contract before the Changes take effect and receive a pro-rated refund for any Products or Services paid for in advance but not yet received.

5.1 Subscriptions. NETGEAR offers certain products and services on a subscription basis (“Subscription Services” or “Services”).

(a) Your subscription period is stated in Your subscription plan, and Your subscription fee will cover the Services and content covered in Your subscription plan.

Your subscription may either be made:

• on a fixed-term basis (“Fixed-Term Subscription”): in this case, the commitment period will be specified to You before You subscribe and the Fixed-Term Subscription will in any case not exceed 24 months (except for NETGEAR Enterprise Customers). The Fixed-Term Subscription may either be paid monthly or prepaid; or,

• on a monthly basis (“Month-to-month Subscription”) provided that the Month-to-month Subscription can be terminated at any time without penalty within the month to be effective at the beginning of the next month.

(b) A welcome email confirming subscription and containing all the information concerning the details of Your subscription plan (including the duration of the commitment period, if any), as well as a copy of these Terms and Conditions on a durable medium, will be sent automatically at the address provided by You after validation of the subscription process.

(c) Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement. For EU/EEA/UK Consumer Customers, this Section 5.1 (c) is without prejudice to any statutory rights under local consumer law (including in case You use your right of withdrawal).

(d) As part of Your Subscription Services, NETGEAR may offer additional content for purchase (“Purchased Content”). Except as required by law, all transactions for Purchased Content are final, and NETGEAR does not accept returns. You may cancel an order for Purchased Content within 24 hours of purchase or rental (or, for Consumer Customers in the EU/EEA, within 14 days from the date of purchase), except You may not cancel an order for Purchased Content once You have downloaded it.

(e) If You are a customer in Australia, the Subscription Services and any Purchased Content come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a remedy for any failure by NETGEAR to comply with a statutory guarantee in respect of the provision of Services including, but not limited to, re-supply or replacement of the Services, payment of the cost of having the Services supplied again or damages for any loss suffered by You as a result of the failure by NETGEAR to comply with a consumer guarantee.

5.2 Warranty: If you are a Consumer Customer in the EU/EEA/UK, the legal provisions relating to Your statutory rights regarding legal guarantee of conformity for subscriptions including a digital service or content in the event of lack of conformity shall apply. Please read our Legal Guarantee of Conformity.

6.1 For a fixed-term subscription, in the event of an increase in the prices of the Services applicable at the time of the tacit renewal of the fixed-term subscription, NETGEAR will notify You at the registered email address and on Your account, at least one (1) month prior to the renewal due date. You will then have the option to refuse the renewal of the fixed-term subscription by cancelling Your subscription.

6.2 In addition, in the case of a monthly subscription, NETGEAR may change the price applicable to the Services. Any price changes will apply to the next billing period, at least thirty (30) days after we notify You. If You do not agree to this change, You may terminate Your subscription.

6.3 If You are a Consumer Customer in the EU/EEA, in the event of an increase in the tariffs of the Services applicable at the time of tacit renewal of the fixed-term subscription, NETGEAR will notify You at the email address registered and on Your account, at least one (1) month before the renewal's due date. You will then have the possibility to refuse the renewal of the fixed-term subscription by terminating Your subscription. In addition, in case of month-to-month subscription, NETGEAR may change the tariff applicable to the Services. Any price changes will apply to the next billing period, at least thirty (30) days following notice to You. If You do not agree with this change, You may terminate Your subscription.

General provisions applicable to the purchase of a Product

7.1 Payment. You agree to pay for Products (including Subscription Services and Purchased Content) You purchase from NETGEAR, and that NETGEAR (or its third-party payment processor) may charge Your credit card or other payment account (as chosen by You). Payment methods may include credit card, PayPal, Apple Pay, Google Pay, Affirm, Alma, BanContact, PayConiq, iDeal, and Direct Debit.

(a) Prices may vary based on your location, selected payment method, applicable promotions, or currency exchange rates.

(b) The rates or costs for Products are specified (i) on the Website, (ii) to You before the purchase of the Products, and (iii) after the purchase, in Your confirmation email. Rates are indicated inclusive of all taxes and do not include the costs of services subscribed from third parties, in particular internet service providers and/or mobile network services providers. You authorize us (or our third-party payment processor) to charge your payment method for the amount corresponding to the offer you selected.

(c) YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NETGEAR WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.

7.2 Billing Account and Payment Method. You will provide a payment method when purchasing a Product or signing up for a Service. You can access and change Your billing information and payment method by phone, chat, or email via our Help Center at www.netgear.com/support. If You change Your payment method, Your access to Services may be temporarily disrupted while NETGEAR verifies Your new payment information.

Specific provisions applicable to Subscription Services
7.3 Recurring Payments. When You purchase Subscription Services on a recurring basis (e.g., monthly or annually), You authorize recurring payments to NETGEAR by the method and at the intervals You have agreed to, until the subscription is terminated by You or NETGEAR. By authorizing recurring payments, You authorize NETGEAR to store Your payment instrument and process payments as electronic debits, fund transfers, or charges to Your designated account (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. For residents of France, NETGEAR will make available recurring invoices showing the remaining duration of the subscription period, if any.

7.4 Automatic Renewal and Trials . If Your account is set to automatically renew or is in a trial period, NETGEAR MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR RENEWAL PERIOD UNLESS YOU CANCEL. NETGEAR may revise subscription service rates by providing You at least thirty days’ notice prior to the next charge. If the revised subscription rates are not acceptable to You, You may cancel your subscription within that 30 day period.

7.5 Automatic Renewal Sign-Up. To sign up for Subscription Services with recurring payments, You must complete the required registration details and agree that Your subscription may automatically renew for the same applicable term until You cancel:

(a) You will receive an e-mail confirmation of Your auto-renewal once You complete the initial payment process.

(b) You agree that NETGEAR may automatically charge the subscription fee to the credit or charge card provided and associated with Your account at the beginning of each period at the frequency You have selected unless and until You cancel the subscription option.

(c) You must cancel prior to the subscription fee being charged. If You signed up at a promotional rate, renewals past the promotional period will be charged at the then-effective subscription fee. Access to Services will not be established until NETGEAR or its agent has verified that Your credit card information is valid and Your account is in good standing.

(d) You will receive an e-mail reminder of Your auto-renewal thirty (30) days prior to any applicable renewal containing (i) the date of the upcoming renewal; (ii) the price to be charged; (iii) the duration of the renewed subscription period; (iv) a clear and prominent explanation of how to cancel the subscription, including a direct link to the online cancellation mechanism; and (v) a statement that the subscription will renew automatically unless the consumer cancels before the renewal date. You will also receive a reminder email a day before Your date of renewal reminding You that Your subscription option will be renewed for an additional period.

For Consumer Customers in France, if this information has not been sent to You, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty (30) days from the date of termination, less the sums corresponding, up to that date, to the performance of the contract.

For UK Consumer Customers, where a Fixed-Term Subscription is renewed automatically, the UK Consumer shall have the right to cancel the renewed subscription within a cooling-off period of fourteen (14) days from the date of renewal and shall be entitled to a pro-rated refund of any prepaid fees attributable to the unexpired portion of the renewed term.

7.6 Late Payments. NETGEAR may suspend or terminate Your Services without notice upon rejection of any credit card charges or if Your card issuer seeks return of prior payments. You agree NETGEAR may charge interest on amounts unpaid for thirty (30) days or more at up to one percent (1.0%) per month or the highest rate allowed by law, whichever is less, until paid. These rights are in addition to any other legal rights or remedies available to NETGEAR, which may refer Your account to a third party for collection in the event of ongoing default.

For EU/EEA/UK Consumer Customers, NETGEAR shall provide reasonable prior written notice before suspending or terminating Services for non-payment, except where immediate suspension is necessary to prevent fraud or abuse. Late payment fees and interest shall be charged as permitted by local laws.

7.7 Hardware Equipment. If Your Subscription Service includes hardware equipment, you will be charged a non-refundable shipping cost for NETGEAR to ship the equipment to you.

7.8 Reactivation. If for any reason You need to reactivate a terminated Subscription Service, You may be charged a reactivation fee.

If You are a consumer, i.e. a natural person who places an order with NETGEAR for a purpose that cannot be attributed to Your trade, business craft, profession, commercial or self-employed professional activity, residing in the EU/EEA/UK, You may exercise Your statutory right of Withdrawal regarding the conclusion of any purchase contract concluded under these Terms and regarding any contract for NETGEAR’S Subscription Services.

Section 8.1 applies to residents of the EU/EEA:

8.1 Right of Withdrawal

You have the right to withdraw from the contract within 14 days without giving any reason as follows:

(a) Purchase contract for NETGEAR devices: The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

(b) Purchase contract for NETGEAR devices where You have ordered multiple NETGEAR devices in one order that are delivered separately: The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

(c) Purchase contract for NETGEAR devices where You have ordered a NETGEAR device consisting of multiple lots or pieces: The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

(d) NETGEAR’S Subscription Services: The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

8.2 Exercising Withdrawal Right

To exercise the right of withdrawal, You must inform NETGEAR by phone, chat, or email by visiting our Help Center at www.netgear.com/support, of your decision to withdraw from this contract by an unequivocal statement. You may use the following model withdrawal form, but it is not obligatory:

- To NETGEAR - 6th Floor, Penrose Two
Penrose Dock, T23 YY09, Cork, Ireland

- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the following service: [name the service]/ for the following product: [name the product]

- Subscribed on (*) /received on (*)

- Name of the user(s)/consumer(s):

- Address of the user(s)/consumer(s):

- Signature of the user(s)/consumer(s) (only if this form is notified on paper)

- Date

To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

8.3 Effects of Withdrawal

If You withdraw from this contract, NETGEAR shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by NETGEAR), without undue delay and in any event not later than 14 days from the day on which NETGEAR is informed about Your decision to withdraw from this contract. NETGEAR will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless NETGEAR has expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. In addition, the following conditions apply:

(a) Purchase contract for NETGEAR devices: (i) NETGEAR may withhold reimbursement until NETGEAR has received the goods back or You have supplied evidence of having sent back the goods, whichever is the earliest, and (ii) You will have to bear the direct costs of returning the goods.

(b) NETGEAR’S Subscription Services:

(i) If You requested to begin the performance of the services during the withdrawal period, You shall pay NETGEAR an amount which is in proportion to what has been provided until You have communicated Us Your withdrawal from this contract, in comparison to the full coverage of the contract.

(ii) You do not have a right of withdrawal if the contract involves the delivery of audio or video recordings or computer software in sealed packaging and the seal has been broken after delivery.

(iii) NETGEAR’S Subscription Services not relating to the provision of digital content, Your right of withdrawal expires upon completion of the Subscription Services, provided, however, that prior to the commencement of the services to You, (1) You have expressly agreed that We may begin providing the services to You before the expiry of the withdrawal period, and (2) You have confirmed Your knowledge that Your right of withdrawal expires upon complete fulfilment of the contract.(iv) NETGEAR’S Subscription Services relating to the provision of digital content, Your right of withdrawal expires where (1) NETGEAR has commenced fulfilment of the contract, (2) You have expressly agreed to NETGEAR commencing fulfilment of the contract before the expiry of the withdrawal period, (3) You have confirmed Your knowledge that Your right of withdrawal expires with your confirmation that NETGEAR may begin with the fulfilment of the contract before the expiry of the right of withdrawal, and (4) NETGEAR has provided You with a confirmation of the contract on a durable medium within a reasonable time after the conclusion of the contract. Such confirmation shall include the terms and conditions of the contract, these Terms and the confirmation of Your prior express consent and acknowledgement referred to in point (2) and (3) above of this paragraph.

8.4 UK Consumer Customers purchasing Products at a distance or off premises have a statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The cancellation period is fourteen (14) days beginning on the day after the day on which the goods come into the physical possession of the Consumer Customer (or a person identified by the Consumer Customer to take possession, other than the carrier). To exercise the right of cancellation, contact NETGEAR at www.netgear.com/support. You must return the goods without undue delay and in any event not later than fourteen (14) days from the date of cancellation. NETGEAR will refund all payments received from You, without undue delay and in any event not later than fourteen (14) days from the day on which NETGEAR receives the returned goods or evidence that the goods have been sent back. For digital content supplied online, the right of cancellation may be lost if You have given consent to begin the supply of digital content during the cancellation period and acknowledged that the right of cancellation will be lost.

9.1 Country Specific Cancelation Rights:

(a) Australia. For residents of Australia, this Section 9 does not apply where there has been a defect in, or failure of, the Products or Services supplied to You.

(b) For Consumer Customers, in addition to any statutory right of withdrawal that may apply (including as described in Section 8 for EU/EEA/UK residents), NETGEAR grants you (as a commercial gesture) a contractual 30-day right of cancellation after purchase. This right of cancellation applies to all NETGEAR products and services. For NETGEAR products, you may return the ordered NETGEAR devices within 30 days of delivery without giving any reason. For NETGEAR services, you may withdraw from the contract within thirty days of executing the contract.

9.2 Cancellation of Your Subscription Services by You.

(a) Cancellation Procedure. You may terminate Your Subscription Services at any time by contacting NETGEAR by phone, chat, or email via our Help Center at www.netgear.com/support.

(b) Refund Policy. To the extent permitted by law and unless otherwise specified in the Additional Terms applicable to Your Products or Services, the following will apply:

Free Trial Period. If You are taking part in any trial-period offer, You must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges. If You do not cancel the trial Service(s) by the end of the trial period, NETGEAR will charge you for the Service(s).

Fixed-Term Subscription (paid monthly). If there is a trial period and You cancel before the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your Service will continue until the end of that month’s billing period, and You will be charged an early termination fee equal to your monthly subscription rate for each month remaining on your subscription.

Fixed-Term Subscription (prepaid). If there is a trial period and You cancel before the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your payment is non-refundable and Your service will continue until the end of Your contracted term.

Month-to-month Subscription. If there is a trial period and You cancel before the end of the trial period, You will not incur any new charges. After the trial period, payments are non-refundable and service continues until month end. This is without prejudice to the consumer's right to seek termination of the contract in the event that the NETGEAR does not perform its obligations.

Shipping Charges. Any shipping charges paid in connection with your Service(s) (if any) are non-refundable.

Trials for EU/EEA/UK Consumer Customers: following conversion from a trial period to a paid subscription, consumers shall have a cooling-off period of fourteen (14) days during which they may cancel by visiting our help center at www.netgear.com/support where you can chat, email or get phone support (including our toll free telephone numbers).

For EU/EEA/UK Consumer Customers, the refund policy described in this Section 9.2 (b), including payments that are deemed non-refundable, is without prejudice to any statutory rights available under local consumer law.


9.3 Termination of Your Subscription Services by NETGEAR.

(a) To the extent permitted by applicable law, NETGEAR retains the right to disable and/or terminate Your Service (with notice (if any) as required by applicable law) if:

(i) You are in breach of any provision of these Subscription Terms;

(ii) You have demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with these Subscription Terms or NETGEAR’s Terms;

(iii) Your subscription charges are refused for any reason;

(iv) You misuse the Services;

(v) You alter Your system or use the Services or software in such a manner as to infringe upon the intellectual property rights of NETGEAR or any third party;

(vi) Any supplier or partner of NETGEAR providing the Services decides to terminate the provision of the Services or any parts thereof (either worldwide or in Your country of residence), or decides to terminate its relationship with NETGEAR, regardless of the reason, including where such supplier or partner considers the provision of the Services no longer commercially feasible;

(vii) NETGEAR or any supplier or partner of NETGEAR providing the Services to or together with NETGEAR are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful); or

(viii) Required by law.

Upon any such termination, You remain obligated to pay all outstanding fees and charges relating to Your use of the Subscription Services before the effective date of termination, and NETGEAR will provide a pro-rated refund of any paid-for but unused Services fees. Termination may result in the forfeiture and destruction of all information associated with Your membership, including “Content” (i.e., all content made available in or accessible through the Services, including audio, data files, images, music, photographs, software, videos, and written text).

(b) Hardware Equipment. If Your Subscription Service includes hardware equipment, upon cancellation or termination, you must follow NETGEAR’s instructions in returning the equipment in good condition. If you do not return the equipment within the specified time, you will be charged for the fair market value of the equipment. You may also be required to pay shipping charges associated with the return.

(c) User Content Back-Ups. You are entirely responsible for backing up Your “User Content” (i.e., any information, materials, documents, media files or other content You upload, transmit, create, post, display or otherwise provide on or through the Services) to a location outside the Services to avoid loss. If NETGEAR disables access to Your Service, You may be prevented from accessing Your account details, files, User Content, or products stored with the Services. NETGEAR may, in its sole discretion, allow You to backup Your User Content. You agree that NETGEAR may delete Your User Content after providing notice and a reasonable backup period of at least thirty (30) days (“Backup Grace Period”). Different Backup Grace Periods may apply depending on the specific Service.

10.1 Changes to Services. To the extent permitted under applicable law, NETGEAR may at any time and in its sole discretion without prior warning or notice:

(a) change, add, or remove features and functionality of the Services or suspend and/or cease providing the Services or any part of the Services. If You are dissatisfied with any material changes to the Services during a subscription, You may immediately terminate Your use of the Services and be entitled to a pro-rated refund of any of Your paid for, but unused, subscription. Where permitted by law, NETGEAR is under no obligation to provide any or all features and functionality to Your Services and may, at its discretion, discontinue the provision of Software Updates to certain Services. For residents of the EU/EEA and the UK, NETGEAR is committed to ensuring that this does not result in price increases, quality loss or substantial degradation in performance of the Products during a subscription period; Any such changes in respect of EU/EEA and UK Consumers shall be subject to the notification obligations in Section 4.3.

(b) disable or suspend Your use of the Services including access to Your account(s) and any files or other content contained in Your account(s) either temporarily or permanently (in accordance with Section 9);

(c) set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and

(d) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.

10.2 Purchased Content Back-Ups. You are entirely responsible, in accordance with these Terms and applicable law, for backing up Your Purchased Content to another location outside the Services (e.g., by means of creating local copies or backups with specialized online backup Services) to avoid loss of Your User Purchased Content and other data. NETGEAR will not be liable if Your Purchased Content becomes unavailable for further download or streaming.

11.1 Use of some Products may require a device that meets certain system and compatibility requirements, which NETGEAR reserves the right to change. Compatibility may also depend on third-party software or systems. Accordingly, You acknowledge that Products and devices that are compatible at one time may cease to be compatible in the future.

11.2 You agree that NETGEAR cannot be held liable for non-functioning of the Products where such non-functioning is linked to the third parties' software or system changes impacting the system and/or compatibility requirements.

YOU MAY ONLY ACCESS AND USE THE SERVICES THROUGH THE INTERFACE PROVIDED BY NETGEAR AND WITH A SYSTEM AUTHORIZED TO COMMUNICATE WITH NETGEAR WEBSITES. YOU WILL NOT USE THE SERVICES THROUGH ANY AUTOMATED TOOLS (INCLUDING SOFTWARE AND/OR HARDWARE), FUNCTIONS, OR OTHER MEANS (INCLUDING SCRIPTS OR WEB CRAWLERS), AND YOU AGREE NOT TO TAMPER WITH OR OTHERWISE MODIFY THE SERVICES.

13.1 Registration. Certain Products or functionality may require You to register and open an account. To register, You may be asked to provide information including (i) Your name, (ii) a system identification number (if applicable), and (iii) an e-mail address (collectively “Account Data”). You agree to (i) provide and maintain accurate, complete and up-to-date Account Data; (ii) protect and prevent unauthorized access to Your account; (iii) not transfer or share Your account with any third party; and (iv) notify NETGEAR immediately of any suspected or actual unauthorized use or breach of security. NETGEAR may terminate Your account if You fail to abide by these obligations. You agree that NETGEAR may store and use Account Data for maintaining and billing Your account, as well as for warranty, customer service, and communicating important information about Your Products.

13.2 SingleSignOn.

(a) NETGEAR may implement an integrated registration solution through a single sign on process (“SingleSignOn”). SingleSignOn means that once You open an account with NETGEAR, You may use Your User account and User ID for other NETGEAR Services, eliminating the need for separate accounts for each Service. SingleSignOn may also allow You to sign in and sign off from Services across different devices simultaneously.

(b) The SingleSignOn may allow You to connect Your Services with third-party social media accounts (such as Facebook, Twitter, and Google+) through an application programming interface (API) or other software. By allowing such connection, You consent to our accessing information in those accounts, which may include personally identifiable information. You understand that activity through the SingleSignOn may be published on the third-party site. We recommend You review the privacy policies of each third-party site before connecting Your accounts or sharing information through those sites.

(c) You agree that You do not own Your SingleSignOn username. NETGEAR may reclaim or use Your SingleSignOn username.

13.3 Protection of Account Data.

(a) You are entirely responsible for maintaining the confidentiality of Your Account Data and for all activity under Your account. You agree to promptly notify NETGEAR of any unauthorized use of Your account or Account Data or any other breach of security.

(b) You will keep Your Account Data safe and secure and prevent unauthorized third-party access by: (i) avoiding obvious User IDs or passwords, (ii) changing Your password regularly, (iii) not disclosing Your password(s) or granting others access to Your Account Data or Services, and (iv) exiting Your account at the end of each session.

(c) NETGEAR may regard any instructions to be from You if they are received from or issued by a user or third party using or providing Your Account Data.

(d) You can access and change Your Account Data at any time by accessing the respective NETGEAR Service.

13.4 Data Act Notice. NETGEAR may collect and use technical data and related information, including but not limited to technical information about Your mobile device, NETGEAR Product, and Third Party Product, such as log entries, diagnostics, bandwidth usage, WiFi usage, performance information, application usage, and various other analytics coming from devices and applications tied to You or the User (collectively, “Data”). NETGEAR uses the Data to help detect and/or address cybersecurity issues and other threats and to help provide, operate, troubleshoot, optimize the customer experience, or support the Product which You purchased or subscribed. If You are a resident of the European Economic Area, NETGEAR complies with the EU Data Act (Regulation (EU) 2023/2854 and we encourage you to read our Data Act Notice. The terms and conditions governing users access, retrieval, erasure, and use of Data are set forth on NETGEAR’s Data Access Terms.

13.5 Data Connections. Some Products may require a broadband Internet or mobile data connection. You are responsible for any service charges incurred. NETGEAR is not responsible for the availability, functionality, or cost of any Internet or data connection.

NETGEAR’s processing of Your personal information is governed by NETGEAR’s Privacy Policy which can be found at https://www.NETGEAR.com/about/privacy-policy/. We encourage You to review the Privacy Policy. By creating a NETGEAR account you understand and acknowledge NETGEAR’s Privacy Policy and, to the extent permitted or required by applicable law, you consent to NETGEAR’S Privacy Policy.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO SIGN UP FOR A NETGEAR ACCOUNT. NETGEAR DOES NOT KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM ANYONE UNDER 18 OR ALLOW SUCH PERSONS TO CREATE AN ACCOUNT. IF YOU ARE UNDER 18, DO NOT ATTEMPT TO CREATE AN ACCOUNT OR SEND ANY INFORMATION ABOUT YOURSELF TO US WITHOUT PARENTAL CONSENT. IF NETGEAR LEARNS THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A PERSON UNDER 18 WITHOUT VERIFICATION OF PARENTAL CONSENT, WE WILL DELETE SUCH INFORMATION. IF YOU BELIEVE WE HAVE ANY INFORMATION FROM OR ABOUT A CHILD UNDER 18, PLEASE CONTACT US AT LEGAL@NETGEAR.COM.

16.1 Software Updates. By using the Product, You agree to receive all Software Updates and upgrades that NETGEAR sends to the software included in the Product. You specifically agree Your Product may: (i) communicate with NETGEAR servers from time to time to automatically check for available updates, such as bug fixes, critical system updates, patches, enhanced functions, upgrades, missing plug-ins and new versions (collectively, "Software Updates”) and (ii) install the Software Updates. Software Updates are generally provided to improve performance, security and reliability. You will not incur fees for Software Updates. You may opt out of automatic Software Updates through Your Product settings; however, doing so may affect reliability and security. NETGEAR will only support the two most recent versions of the Software.

16.2 End of Service. NETGEAR Products reach the end of their lifecycle for a variety of reasons including technological advancements, product maturity, and market demands. The end of NETGEAR's product lifecycle is called End of Service (“EOS”). Products that reach EOS no longer receive the same level of firmware updates, including important security updates. NETGEAR’s EOS Policy, incorporated herein by reference, can be found at www.netgear.com/about/eos.

17.1 Product; License. The Product is provided for Your personal, non-commercial use only and may not be resold, in whole or in part. Except as expressly provided in these Terms, You may not transfer the Product or the right to receive related services, and You agree not to misuse the Product or violate the law in connection with it. Subject to Your compliance with these Terms, NETGEAR grants You a personal, non-exclusive, non-transferable, limited license to enter and use software provided in connection with the Product. Any unauthorized use is prohibited.

17.2 Limitations on Use. Unless otherwise specified in these Terms or any applicable Additional Terms, in connection with Your use of the Product, You will:

(a) Not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any of the Product or parts thereof, use of the Product or access to the Product;

(b) Not remove any proprietary notice language corresponding to the Product;

(c) Make no modifications to any such Product, except where such rights cannot be excluded under applicable law;

(d) Not attempt to gain unauthorized access to any portion or feature of the Product, or any other systems or networks connected to the Product or to any NETGEAR server, or to any of the services offered on or through the Product, by hacking or any other illegitimate means;

(e) Not to use the Product to: (i) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or harmful to minors; (ii) impersonate any person or entity; (iii) forge headers or otherwise manipulate identifiers to disguise the origin of content; (iv) make available any content You do not have a right to disclose under any law or contractual or fiduciary relationship; (v) make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right; (vi) distribute unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other unauthorized solicitation; (vii) interfere with or disrupt the Products, servers, or connected networks, or disobey any requirements, procedures, policies or regulations of connected networks; (viii) violate any applicable local, state, national or international law or regulation; or (ix) “stalk” or otherwise harass another person;

(f) Comply with and follow instructions made available to You by NETGEAR in connection with the Product;

(g) At all times observe these Terms and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Product.

18.1 Ownership.

(a) Except for hardware devices or equipment purchased outright, as between You and NETGEAR, NETGEAR owns all right, title and interest in and to the Product, including all applicable intellectual property rights, regardless of whether registered or not. Except for the rights expressly granted in these Terms and any Special Terms, NETGEAR retains all rights in the Product.

(b) You may need certain software programs to use or fully access certain Product features. You are required to accept and use the software included in the Product at the time of purchase and other software that NETGEAR may deliver from time to time. NETGEAR and its licensors own all right, title, and interest in such software and related intellectual property rights. NETGEAR also retains ownership of all NETGEAR copyrights and trademarks (including the NETGEAR Brands). Third-party software delivered by NETGEAR remains the property of the applicable third party.

18.2 License Restrictions. Without limiting Section 18, You are not permitted to:

(a) grant any other user or third party a license to use the Product or otherwise to access Your account;

(b) use the Product to provide the Product or related services to other users or any other third parties;

(c) otherwise assign, grant a sublicense in, or grant a security interest in or over Your account and/or the Product or any rights under it, loan, lease, or otherwise transfer Your account and/or the Product or any rights under it to any third party; or

(d) copy, edit, modify, alter or create a derivative work of, reverse engineer, disassemble, decompile, create derivative works of, or otherwise attempt to extract the source code of Product (or any part of it), unless expressly permitted by NETGEAR in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.

18.3 Open Source Software. Certain components of the software for the Products are subject to the GNU General Public License (“GPL”) or other so-called open source licenses (“Open Source Software”). Open Source Software may not be subject to the restrictions in Section 17 of these Terms. You are free to use, modify and distribute Open Source Software that is subject to the GPL or other free or open source software licensing model in the Software’s Documentation. so long as You comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html) or such other free or open source software licensing terms. For clarification, these Terms do not limit Your rights under, or grant You rights that supersede, the license terms of any applicable Open Source Software.

19.1 You are not entitled to use any of NETGEAR’s trade names, trademarks, Service marks, logos, domain names, or other distinctive brand features (“NETGEAR Brands”) without NETGEAR’s prior written consent. To the extent that You are entitled to use the NETGEAR Brands under a separate written agreement with NETGEAR, such use is only permitted in accordance with such separate agreement.

19.2 You are not permitted to remove, obscure, modify or otherwise alter any proprietary rights notices, trademarks, service marks, trade names, logos or other marks of NETGEAR or any third party pertaining to or contained within the Products, and You agree not to use any such marks in a way that is intended or likely to mislead others or cause confusion about the owner, license holder or authorized user of such marks.

20.1 Content is entirely the responsibility of the originator of such Content. The Content may include, without limitation, advertisements, promotional material, sponsored elements or other material.

20.2 The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to NETGEAR). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content.

Grant of User Content License to NETGEAR

21.1 By uploading, transmitting, creating, posting, displaying or otherwise providing any User Content, You hereby grant NETGEAR a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and transferable license to (a) use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such User Content to the full extent necessary for use of the Product, and (b) maintain a copy of the User Content (including all related intellectual property rights) for archival and legal purposes (“User Content License”).

Ownership of User Content

21.2 NETGEAR does not claim ownership of the User Content You submit or make available for inclusion on the Products or NETGEAR account and You will retain any copyright and any other rights to any User Content provided by You on or through the Product or NETGEAR account. For clarity, the foregoing User Content License grants to NETGEAR do not affect Your ownership of or right to grant additional licenses to the material in Your User Content, unless otherwise agreed to in writing.

21.3 Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and NETGEAR is not obliged to protect and enforce the User Content on Your behalf.

Submissions

21.4 If You send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if You send us suggestions, ideas, notes, photographs, drawings, concepts, comments, improvements, recommendations, or other feedback relating to the Products (each, a “Submission” and collectively, the “Submissions”), the Submission will be treated as non-confidential. “Submissions” are separate and apart from User Content.

21.5 NETGEAR will have no obligation of confidentiality with respect to any Submission. You hereby grant NETGEAR an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable and transferable right and license to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, and distribute any Submission in any and all media, now known or hereafter devised, without compensation or credit to You. You irrevocably waive any claim that use of a Submission violates any of Your rights, including copyrights, trademarks, moral rights, privacy rights, proprietary rights, publicity rights, or right to credit. You further grant NETGEAR the right, but not the obligation, to use Your name in connection with Your Submissions.

No infringement of the rights of third parties

21.6 By submitting a Submission, You represent that it is original to You and does not violate or infringe upon the rights of any third party, including intellectual property rights and rights of publicity and/or privacy. Submissions will not be acknowledged or returned.

21.7 You acknowledge that NETGEAR is not obligated to use any Submission, that Your relationship with NETGEAR is not a confidential, fiduciary, or other special relationship, and that Your decision to submit material does not place NETGEAR in any position different from the general public with regard to Your Submission. You further acknowledge that NETGEAR has wide access to ideas, designs, and other materials, and that many may be similar or identical to Your Submission. You agree You will not be entitled to any compensation as a result of NETGEAR's use of any such similar or identical material.

21.8 You acknowledge that, with respect to any claim relating to NETGEAR's actual or alleged use of any Submission, the damage, if any, will not be irreparable or sufficient to entitle You to injunctive or equitable relief, and Your rights and remedies will be strictly limited to the right to recover damages, if any, in an action at law.


Voluntary Donation of User Content

21.9 NETGEAR may from time to time request that Users voluntarily donate their User Content for research and product development (“Donated User Content”). If You choose to donate, NETGEAR will make clear that You are doing so voluntarily. For Donated User Content, You grant NETGEAR a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and transferable license to view, use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display the Donated User Content to provide, improve, and modify NETGEAR products and services, and to maintain copies for research, product development, archival and legal purposes.

21.10 You further agree that NETGEAR will have the right to alter, modify or combine the Donated User Content with other works, and hereby waive any claim to ownership of any derivative works of Donated User Content or that any derivative works of the Donated User Content constitutes a violation of any "moral rights" or a distortion, mutilation or disparagement or contains unauthorized variations of Donated User Content. You further represent, warrant and covenant that: (a) You are the sole owner, assignee and holder of record title to the Donated User Content AND (ii) you have full power and authority to make the present license to the Donated User Content.

22.1 WARRANTY.

NONUSE OF NETGEAR PRODUCTS IN CERTAIN SYSTEMS. You agree not to use the Products in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which Product failure could lead to death, personal injury, or severe physical or environmental damage.

USER CONTENT. You are entirely responsible for the user content provided by You and for any consequences arising in connection with that user content (including any loss or damage suffered or incurred by NETGEAR, as set out in Section 25). In particular, You warrant and represent to NETGEAR that:

(a) You are the owner of all rights pertaining to the user content or otherwise authorized to grant NETGEAR the user content license;

(b) The user content will not infringe any intellectual property or other third party rights or contain any insider information;

(c) The user content will not contain any material which is harmful, inaccurate, pornographic, abusive, obscene, threatening, defamatory, or which is otherwise illegal or which does not comply with applicable law;

(d) The user content will not contain any viruses or other harmful software, code or similar means that could damage, harm, disable or otherwise impact the function and performance of the Product and/or any device accessing such user content, regardless of whether such device belongs to NETGEAR or any other user or third party;

(e) The user content will comply and conform to any age classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under the applicable laws, including the country in which You are a resident or from which You are using the Product;

(f) The use of the user content by NETGEAR will not impose any obligation upon NETGEAR to pay any kind of monetary contribution (including license fees, dues or otherwise) to any third party (in particular collecting societies); and

(g) You will not falsely represent Yourself by impersonating other people.


22.2 INDEMNITY. Enterprise Customers agree to defend, indemnify and hold harmless NETGEAR from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of Your breach of these Terms, Your misuse of the Products, or Your unauthorized modification of any NETGEAR Products.

NETGEAR provides a variety of warranties for its Consumer and Enterprise products and services. In addition, there are a variety of statutory warranties for Consumer Customers required by law that cannot be excluded. Please visit https://www.netgear.com/about/warranty/ for warranty information.

24.1 You are responsible for Your breach of these Terms and any applicable law, including any resulting loss or damage.

25.1 NETGEAR cannot be held responsible for any unavailability of one or more Services due to factors beyond the control of NETGEAR (such as technical reasons, network congestion, failure of Internet service providers, etc.).

25.2 Also, NETGEAR cannot be responsible for any losses from the unauthorized use of Your Account resulting from YOUR own default in preserving the confidentiality and security of Your ID and password, even though NETGEAR has complied with its obligations in this regard.

25.3 Subject to Section 25.4 and 25.5, and to the extent permitted by applicable law (including, for UK Consumers, the Consumer Rights Act 2015, and for Enterprise Customers, the Unfair Contract Terms Act 1977), NETGEAR is not liable to You, regardless of the legal grounds, whether in contract, tort (including negligence) or any theory of liability, and whether or not the possibility of such damage or losses has been notified to NETGEAR, for:

(a) Any indirect, incidental, special or consequential damages;

(b) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);

(c) Any damage to and/or corruption or loss of data (whether direct or indirect);

(d) Any loss or damage as a result of:

(i) Any breach of the Terms of this Agreement or any other agreement or contractual relationship between NETGEAR and You which is attributable to negligence on the part of NETGEAR, and its suppliers, partners and/or licensors; provided that, for EU/EEA and UK Consumers, this sub-section (d)(i) shall not operate to exclude or limit NETGEAR's liability for losses arising from NETGEAR's negligence;

(ii) Any reliance placed by You on the suitability, accuracy, completeness, reliability or existence of any (a) Products (including any software, information documents, materials made available to You as part or in course of the usage of the Products) or (b) advertising or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising (including any promotional material) is made available on or by Your use of the Products;

(iii) Any content, including, but not limited to, the loss of content, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Products;

(iv) Any changes, modifications, extensions or limitations (including any suspension of Your use of the NETGEAR website, services, access to Your account and account data or Your registration date) to the Products, or any permanent or temporary cessation in the provision of the Products (or any part of them); or

(v) The use of Your account data by any other person than Yourself (regardless of whether with or without Your knowledge). You are fully responsible and liable to compensate NETGEAR for any damage and/or loss incurred due to the use of Your account data by someone else.


25.4 In the event that NETGEAR is liable for a breach of these Terms and to the extent permitted by law, NETGEAR’s liability shall be limited to an amount equal to the purchase price of the applicable Product(s). Moreover, if NETGEAR mistakenly or wrongfully overcharges Your account, this section does not limit NETGEAR’s ability to refund such mistakenly or wrongfully overcharged amounts.

For EU/EEA/UK Consumer Customers, this limitation of liability is subject to applicable consumer laws (for the UK: the Consumer Rights Act 2015).

25.5 Nothing in these Terms shall exclude or limit NETGEAR’s liability (and, for the avoidance of doubt, no provision of these Terms shall be construed as purporting to exclude or limit):

(a) Liability for death, personal injury resulting from NETGEAR’s negligence or in accordance with any product liability legislation or liability under applicable consumer laws (for the UK: the UK Consumer Protection Act 1987);

(b) Liability for damages or losses which may not be lawfully excluded or limited under applicable mandatory law. If the laws in the User’s jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the User and NETGEAR’s liability and warranty will be limited to the maximum extent permitted by applicable law;

(c) For residents of France, liability arising out of the gross negligence of NETGEAR, or the legal warranty against latent defects provided for in articles 1641 et seq. of the French Civil Code and the legal guarantee of conformity provided for in article L. 217-1 et seq. of the French Consumer Code.; and

(d) For UK Consumer Customers, liability arising under the Consumer Rights Act 2015, including but not limited to liability for breach of the statutory rights that goods, digital content, and services conform to the contract.

For EU/EEA/UK Consumer Customers, nothing in these Terms shall limit or exclude any liability that cannot lawfully be limited or excluded. NETGEAR’s liability cannot be excluded for intentional fault, fraud or gross negligence.

26.1 In addition to Your agreement with these Terms, the following provisions apply with respect to Your use of any version of a NETGEAR mobile software application (“App”) for iPhone compatible with the iOS operating system of Apple Inc. (“Apple”):

(a) Apple is not a party to these Terms and does not own and is not responsible for any NETGEAR App. Apple is not providing any warranty for the NETGEAR App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the NETGEAR App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the NETGEAR App, including any third party product liability claims, claims that the NETGEAR App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the NETGEAR App, including those pertaining to intellectual property rights, must be directed to NETGEAR in accordance with Section 33 (“Contact Information”).

(b) The license You have been granted in these Terms is limited to a non-transferable license to use the NETGEAR App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, You must comply with the terms of any third party agreement applicable to You when using the NETGEAR App, such as Your wireless data Service agreement.

(c) (c) You represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.

(d) (d) Apple and Apple’s subsidiaries are third party beneficiaries solely with respect to this Section 26 (Terms Applicable to NETGEAR's iOS App(s)) and may enforce on this Section 26against You as a third party beneficiary. Apple has no right to enforce any other provision of these Terms. Notwithstanding the foregoing, NETGEAR’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.

27.1 NETGEAR is not liable or responsible for any failure to perform, or delay in performance of any of NETGEAR’s obligations under these Terms that is caused by events outside NETGEAR’s reasonable control (“Force Majeure Event”), in particular (without limitation) (a) unavailability of public or private telecommunication networks, (b) acts, decrees, legislation, regulations or restrictions of any government, or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.

27.2 NETGEAR’s performance under these Terms is deemed to be suspended for the period that Force Majeure Event continues, and NETGEAR will have an extension of time for performance for the duration of that period.

28.1 The Products may contain content from and hyperlinks to third-party content resources and services, and NETGEAR may integrate third-party technologies into the Products (“External Resources”). NETGEAR is not responsible for, does not endorse, and has no control over content provided under External Resources, and is not responsible or liable for any damage or loss caused by or in connection with Your use of or reliance on such content. In addition, NETGEAR is not responsible or liable for any damage or loss caused by, or in connection with, any External Resources (such as apps, software, or services), You install or run on the Products. If You choose to access or interact with any External Resources, You do so at Your own risk.

29.1 Claims. NETGEAR respects the intellectual property of others and requires our users to do the same. If You believe Your work has been copied in a way that constitutes infringement or Your intellectual property rights have been violated, please provide NETGEAR with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property interest that You claim has been infringed;

(c) a description of where the material that You claim is infringing is located on the NETGEAR website;

(d) Your address, telephone number, and email address;

(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

If you are in the EU/EEA or the UK, please mail this information to: Legal Department, NETGEAR International Limited, 6th Floor, Penrose Two,
Penrose Dock, T23 YY09, Cork, Ireland.

If you are in any other region, please mail this information to: Legal Department, NETGEAR, 3553 N. First Street, San Jose, California 95134, USA.

29.2 Remedies.

(a) NETGEAR may respond to notices of alleged infringement in accordance with applicable law and may terminate, suspend or block access to accounts of users who repeatedly infringe copyright laws or violate other applicable law.

(b) NETGEAR may terminate the accounts of users who infringe the intellectual property rights of others. Steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. NETGEAR may terminate accounts of users who develop or use methods to defeat such security measures and may take any other necessary action to prevent infringement.

30.1 Entire Agreement. These Terms constitute the entire agreement between You and NETGEAR governing Your use of the Products, superseding any prior agreements with respect to the Products. Any representations or agreements made elsewhere, whether written or oral, are not binding unless expressly confirmed in writing by NETGEAR. You may also be subject to additional terms applicable to certain other services, affiliate services, third-party content or third-party software.

30.2 Waiver and Severability of Terms. The failure of NETGEAR to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.

30.3 Third Party Beneficiaries. Each of NETGEAR’s affiliates and subsidiaries is an intended third-party beneficiary to provisions of these Terms that confer a benefit on them and will be entitled to directly enforce and rely upon such provisions. Subject to the foregoing and except as set forth in Section 27 regarding the Apple iOS Application, no other person will be a third-party beneficiary to these Terms.

30.4 Assignment. You are not permitted to transfer, assign or otherwise dispose of these Terms which are personal to You, or any of Your rights or obligations arising under these Terms without the prior written consent of NETGEAR. NETGEAR has the right to transfer, assign or otherwise dispose of these Terms without Your consent.

30.5 No Right of Survivorship and Non-Transferability. Your Products are nontransferable and any rights to Your ID or account contents terminate upon Your death. Upon receipt of a death certificate, Your Products and related accounts may be terminated and contents permanently deleted.

30.6 Choice of Law and Jurisdiction.

These Terms and the relationship between You and NETGEAR will be governed by the laws of the State of California without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall not limit the protection afforded to You by provisions that cannot be derogated from by agreement by virtue of applicable law.

For Enterprise Consumers (outside of the US): In case of any dispute between You and NETGEAR, the courts of Santa Clara County, California, USA shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

Notwithstanding the foregoing, as a Consumer Customer in the EU/EEA, (a) these Terms and the relationship between You and NETGEAR shall be governed by the law of the country where You reside and (b) You will benefit from any mandatory provisions of the law of the country in which You are a resident. Nothing in these Terms affects Your rights as a consumer to rely on such mandatory provisions of local law. You can also bring claims against NETGEAR in the competent courts of the country/city You reside in. NETGEAR can claim against You in the competent courts of the country/city You reside in.

Notwithstanding the foregoing, for Consumer Customers in the UK: (a) these Terms and the relationship between You and NETGEAR shall be governed by the law of England and Wales; and (b) You can bring claims against us in the English courts and if You live in Wales, Scotland or Northern Ireland, You can also bring claims against NETGEAR in the courts of the country You reside in. If You are a UK Consumer NETGEAR can claim against You in the courts of the country You reside in.

30.7 Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect.

30.8 Language of the Terms. The language of these Terms is English. NETGEAR may provide You with a translation of the English version of these Terms. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms, the English language version takes precedence over any translation version.

30.9 Export Laws. Recognizing the global nature of the internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or from the country in which You reside , including the Export Administration Regulations (EAR, 15 CFR Parts 730-774) administered by the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and the economic sanctions regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that You are not located in a country subject to a U.S. Government embargo or comprehensive sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that You are not listed on any U.S. Government restricted party list, including BIS's Denied Persons List and Entity List, or OFAC's Specially Designated Nationals and Blocked Persons List. Without limiting the foregoing, You agree that You will not use the Products in any country or region subject to comprehensive U.S. economic sanctions, or provide Products to any person or entity on a U.S. Government restricted party list.

31.1 The following sections will survive any termination or expiration of these Terms: Sections 2, 3, 8, 12, 13.4, 14, 17.2, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31 and 33.

The following NETGEAR entity is responsible for delivering the Products depending on where You are using the Products:

• The Americas: NETGEAR Inc.|

• Australia: NETGEAR Australia Pty Ltd.|

• All Other International Territories (including but not limited to Europe, Middle East, Africa, Asia Pacific, and New Zealand): NETGEAR International Limited.


Thus, if You have any questions, complaints, or claims with respect to the Products, You may contact us at the following addresses (as applicable):
NETGEAR, Inc.

3553 N. First Street,

San Jose, CA 95134

Corporate Office Phone: 408-907-8000

Corporate Office Fax: 408-907-8097

NETGEAR Australia Pty Ltd.

Level 18, Tower A, Zenith Centre, 821 Pacific Hwy

Chatswood, NSW 2067 Australia

Corporate Office Phone: 61 2 8117 680

NETGEAR International Limited

6th Floor, Penrose Two,
Penrose Dock

T23 YY09

Cork, Ireland

Corporate Office Phone: 353 21 2333 200

Corporate Office Fax: 353 21 2333 299


Support
Please visit www.netgear.com/support for chat, email, or phone support (including our toll free telephone numbers).

1. NETGEAR Armor and Armor Plus (each powered by Bitdefender) (collectively, “Armor”) offers an Internet control software which, when installed on Your networking device (e.g., router, computer, mobile, mobile computer device), intercepts Internet-bound traffic and blocks certain unsafe applications that may attempt to access protected resources on Your device. This may result in applications not starting or behaving properly. You acknowledge that if You grant access to these applications, it may result in data loss or data theft.

2. Your prepaid Armor Subscription may be canceled within thirty (30) days of purchase. If You cancel after 30 days, Your payment is non-refundable and Your service will continue until the end of Your contracted term. For EU/EEA/UK Consumer Customers, this Section 2 is without prejudice to any statutory rights available under local consumer law.

3. If Your Armor Subscription Services were bundled with a NETGEAR Product, Your subscription period shall begin on the earlier of 1) the date You activate Your Armor Services, or 2) ninety (90) days from the date You install your Product (e.g., router), and shall last for the length of Your subscription period. Your Services will automatically be deactivated at the end of the subscription period, and You will not be entitled to receive any feature or content updates, unless You renew.

4. Your Armor Services may have an Anti-Theft feature available, and if installed and turned on, would allow You to track the device location, disable access to the device, transmit images that have been capture with the camera of Your device or voice records that have been recorded by the recorder of Your device.

5. During the installation process, Armor may uninstall or disable other security products if such products or features are incompatible with Armor.

6. You may not use Armor to gain unauthorized access, to upload, transmit, and transfer data or information to NETGEAR, Bitdefender or third parties by any means. You agree that Your use of Armor will be in compliance with any laws which are applicable to You.

7. You agree to accept, install and use any updates and upgrades to the Armor software that are transmitted to You automatically. The functionality of Armor can only be preserved during Your subscription if all received updates and upgrades are installed immediately following receipt.

8. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, NETGEAR AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ARMOR SERVICE AND ANY RELATED ENHANCEMENTS, MAINTENANCE, SUPPORT, OR MATERIALS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA OR INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM, OR TRADE USAGE, and does not exclude any automatic consumer warranties or guarantees that apply by law. The foregoing provision shall be enforceable to the maximum extent permitted by applicable law.

9. You agree that Armor may contain features allowing You to protect information on Your device(s), which may require a password to encrypt such information. You will not be able to recover encrypted information if You lose or forget the password. You acknowledge that the encryption may be broken and that encrypted information may not be recoverable if Your hard drive fails. NETGEAR shall not be held responsible for access to Your data, device or system where You have provided Your password to a third party or failed to use reasonable efforts to protect such information. NETGEAR is not liable for any privacy breach or loss of data from unauthorized third-party access.

10. NETGEAR or Bitdefender may send You legal notices and other communications regarding Your subscription and maintenance services using the information You provide us. Such notices or communications may be sent via in-product notices or email, or posted on the NETGEAR website.

11. You acknowledge and agree that NETGEAR or Bitdefender may collect and use certain personal and technical information, including suspect files, network and equipment information, product usage, detected malware, unwanted files, and service traffic to improve products, provide related services, and prevent unlicensed or illegal use of the product. You further acknowledge that the security technology may scan Your network traffic to detect malware. Any personal data will be collected, stored and used according to the Privacy Notice at https://www.netgear.com/about/privacy-policy/default.aspx.

12. You agree to upload executable files for scanning by NETGEAR or Bitdefender servers. This information will be sent only with Your permission and will not be sent automatically. The information is collected to improve Armor performance and for statistical purposes, and will not be correlated with personally identifiable information. You agree that NETGEAR may (i) use uploaded data to improve products and services, and (ii) use uploaded data for analysis or reporting purposes only if such use does not identify You or include information that can identify any individual.

1. A NETGEAR ProSupport for Home Services subscriber, who has not used the entitled services, may choose to unsubscribe the plan and receive a full refund within the first thirty (30) days of the subscription by contact NETGEAR’s customer service team by phone, chat, or email by visiting our Help Center at www.netgear.com/support. After thirty (30) days, the subscription is NOT refundable. For EU/EEA/UK Consumer Customers, this Section 1 is without prejudice to any statutory rights available under local consumer law.

2. If the services have been used, NETGEAR will deduct an amount proportional to the usage (number of incidents multiplied by the ongoing pay per-incident rate) and refund the balance amount. Pay-per-incident services are not refundable. For EU/EEA/UK Consumer Customers, this Section 2 is without prejudice to any statutory rights available under local consumer law.

3. NETGEAR ProSupport for Home offers the following warranty and support options for a period specified when You subscribe to the service: (1) Extended Warranty (2) Extended Warranty and Support (3) Premium Support

3.1 Extended Warranty

Extended Warranty extends and enhances the Limited Hardware Warranty for a supported and new NETGEAR product for which You purchase the Extended Warranty (“Supported Product”). You must purchase Extended Warranty within one hundred twenty (120) days from the date of Your purchase of a supported and new NETGEAR product. The Extended Warranty will start from the subscription purchase date.

Extended Warranty also extends your Refurbished Product Warranty for a supported and refurbished product purchased from www.netgear.com or an authorized reseller (“Supported Product”). You must purchase Extended Warranty within one hundred twenty (120) days from the date of Your purchase of a supported and refurbished product.

While a Supported Product is under warranty, NETGEAR will repair or replace the product with the same or functionally equivalent product free of charge.

3.2 Extended Warranty and Support

Extended Warranty and Support extends and enhances Limited Hardware Warranty and Complimentary Support for a Supported Product. You must purchase the Extended Warranty and Support within one hundred twenty (120) days from the date of Your purchase of a supported and new NETGEAR product. The Extended Warranty and Support will start from the subscription purchase date.

While a Supported Product is under warranty, NETGEAR will repair or replace the product with the same or functionally equivalent product free of charge. Extended Warranty and Support will also entitle You to technical support free of charge by contacting NETGEAR’s customer service team by phone, chat, or email by visiting our Help Center at www.netgear.com/support, provided, however, Extended Warranty and Support does not entitle You to software or firmware updates, upgrades, or software patching beyond the Supported Product’s End of Service date (see https://www.netgear.com/about/eos/).

3.3 Premium Support

Premium Support extends and enhances Complimentary Support for a Supported Product. You may purchase the Premium Support at any time from NETGEAR. Premium Support will start from the subscription purchase date.

Premium Support covers computers, peripherals, software, and any other computer-related product designated under Your NETGEAR account. This service does not extend or provide hardware warranty of your products and does not entitle You to software or firmware updates, upgrades, or software patching beyond the Supported Product’s End of Service date (see https://www.netgear.com/about/eos/). The subscription covers up to three (3) computers in a home unless You pay for additional computers to be covered under the same subscription. You are entitled to unlimited technical support free of charge by contacting NETGEAR’s customer service team by phone, chat, or email by visiting our Help Center at www.netgear.com/support.

4. Extended Warranty and Extended Warranty and Support include coverage due to Accidental Damage from Handling (“ADH”) (“ADH Coverage”), subject to the claim limits described below. If during the Extended Warranty period, You submit a valid claim notifying NETGEAR that the Supported Product has failed due to ADH, NETGEAR will repair or replace the Supported Product with the same or functionally equivalent product free of charge. ADH Coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional event, for example, drops and spills that arise from Your normal daily usage of the Supported Product as intended for such product. You may be required to provide an explanation of where and when the accident occurred with a detailed description of the actual event. NETGEAR may deny Your claim if You fail to provide information relating to the accident when asked. NETGEAR also reserves the right to determine the applicability of ADH Coverage based upon the condition of the Supported Product at the time of the claim.

1. NETGEAR GearHead for Home Services provides remote technical support, where a Technical Support Engineer (TSE) may, with your permission, take over Your computer from the TSE’s remote location. Support for specific computers, peripherals, software, and any other computer-related product.

2. A subscription to NETGEAR GearHead for Home Services covers computers designated under Your NETGEAR account. The subscription covers up to three (3) computers in a home, unless You pay for additional computers to be covered under the same subscription. You may request for additional computer support by contacting NETGEAR’s customer service team by phone, chat, or email by visiting our Help Center at www.netgear.com/support.

1. A Meural Canvas Extended Warranty subscriber, who has not used the entitled services, may choose to unsubscribe the plan and receive a full refund within the first ten (10) business days of the subscription by calling 1-888-706-3872. After ten (10) business days, the subscription is NOT refundable. If the services have been used, NETGEAR will deduct an amount proportional to the usage (number of incidents multiplied by the ongoing pay per-incident rate) and refund the balance amount. Pay-per-incident services are NOT refundable. For EU/EEA/UK Consumer Customers, the cancellation period under this Section 1 shall be no less than fourteen (14) calendar days from the date of subscription and You may cancel by contacting NETGEAR’s customer service team by phone, chat, or email by visiting our Help Center at www.netgear.com/support. For EU/EEA/UK Consumer Customers, this Section 1 is without prejudice to any statutory rights available under local consumer law.

2. NETGEAR Meural Canvas Extended Warranty extends and enhances the Limited Hardware Warranty for a Meural Canvas (“Canvas”). You must purchase the Extended Warranty within 90 (ninety) days from the date of Your purchase of a new Canvas. While a Canvas is under warranty, NETGEAR will repair or replace it with the same or functionally equivalent Canvas free of charge. You may contact NETGEAR support by phone, chat, or email by visiting our Help Center at www.netgear.com/support. For EU/EEA/UK Consumer Customers, this Section 2 is without prejudice to any statutory rights available under local consumer law.

Meural Canvas Extended Warranty does not include coverage due to accidental damage, defined here as physical damage, breakage, or failure caused by an accident or a result of an unexpected and unintentional event, for example, drops, spills, breakage, or damage that arise from Your normal daily usage of the Canvas.

1. NETGEAR Smart Parental Controls (powered by Aura) (“SPC”) offers a variety of controls to help parents/guardians manage their children’s internet activity. These controls, however, are no substitute for parental/guardian supervision.

2. Your prepaid SPC Subscription may be canceled within thirty (30) days of purchase. If You cancel after 30 days, Your payment is non-refundable and Your service will continue until the end of Your contracted term. For EU/EEA/UK Consumer Customers, this Section 2 is without prejudice to any statutory rights and remedies available under local consumer law.

3. You agree to accept, install and use any updates and upgrades to the SPC software that are transmitted to You automatically. The functionality of SPC can only be preserved during Your subscription if all received updates and upgrades are installed immediately following receipt.

4. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, NETGEAR AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SPC SERVICE AND ANY RELATED ENHANCEMENTS, MAINTENANCE, SUPPORT, OR MATERIALS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA OR INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM, OR TRADE USAGE. The foregoing provision shall be enforceable to the maximum extent permitted by applicable law.

5. If You use a password in association with Your use of SPC, you are responsible for keeping the password secure and private. NETGEAR shall not be held responsible for access to Your data, device or system where You have provided Your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions, or user error. Further, NETGEAR is not liable to You for any privacy breach or loss of data from unauthorized access to Your data, device, or system by third parties.

6. NETGEAR or Aura may send You legal notices and other communications regarding Your subscription and maintenance services using the information You provide us. Such notices or communications may be sent via in-product notices or email, or posted on the NETGEAR website.

7. You acknowledge and agree that NETGEAR or Aura may collect and use certain personal and technical information, including suspect files, network and equipment information, product usage, detected malware, unwanted files, and service traffic to improve products, provide related services, and prevent unlicensed or illegal use of the product. You further acknowledge that the security technology may scan Your network traffic to detect malware. Any personal data will be collected, stored and used according to the Privacy Notice at https://www.netgear.com/about/privacy-policy/default.aspx.

1. Account. You may need to set up an account to make purchases on www.netgear.com (“eStore Account”) with a valid payment method. If there is a problem charging Your selected payment method, NETGEAR may charge any other valid payment method associated with Your eStore Account. You are responsible for maintaining the confidentiality of Your eStore Account and password and for all activities under Your account. If You are under 18, You may not create an eStore Account and may only make purchases with a parent or guardian. NETGEAR reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. NETGEAR’s use of Your eStore Account data will be in accordance with NETGEAR’s Privacy Policy at https://www.NETGEAR.com/about/privacy-policy/.

2. Paying for Your Order. NETGEAR will charge Your payment method for an item at the time of shipment. However, NETGEAR may pre-authorize Your order amount with Your credit card, credit account, or debit card issuer at the time You place the order. When You pre-order with a debit card, NETGEAR will debit Your card when You place the pre-order.

3. Order Confirmation. An order confirmation does not signify NETGEAR’s acceptance of Your order or constitute confirmation of an offer to sell. NETGEAR may accept, decline, or place quantity or other limits on Your order for any reason, on a per-person, per-household, per-order, or any other basis. If NETGEAR cancels an order or part of an order already charged, NETGEAR will refund the full amount of the canceled portion.

4. Price Matching. NETGEAR consistently works toward maintaining competitive prices on its Products and Services. Please review our Price Protection Policy.

5. Returns, Refunds and Title. Non-warranty returns for new products are eligible for refund if requested and returned within 30 days of purchase. Refurbished products purchased from netgear.com have a 90-day return period. Refunds will be issued to Your original payment method at the original purchase price plus applicable sales tax, less return shipping charges (if any), and will appear on Your statement within approximately 15 business days. Bundle or promotional purchases may be adjusted and/or pro-rated accordingly. NETGEAR does not take title to returned items until received at the returns facility. For warranty return and replacement instructions, visit https://www.netgear.com/about/warranty/.

6. Shipping, Delivery, Title, and Risk of Loss. NETGEAR will pack and ship Products in accordance with its standard practices. Shipping and handling charges are additional unless otherwise indicated at the time of sale. Products are shipped by a third-party carrier pursuant to a shipment contract; title and risk of loss pass to You upon delivery to the carrier. All scheduled shipment dates are estimates only, and NETGEAR will not be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

7. Taxes. NETGEAR is required by law to charge applicable sales taxes based on state and local laws. Generally, the tax rate is based on the type of product or service purchased and where Your purchase is shipped, delivered, or picked up. Where sales tax applies, the order total during Your checkout reflects the estimated tax. The final sales tax charged on Your order will be calculated at the time of shipment. Shipping charges may also be subject to tax in certain states.

8. Accuracy of Content. NETGEAR will make reasonable efforts to accurately display Product and Service attributes. To the extent permitted by law, NETGEAR does not warrant that product descriptions or other content is accurate, complete, or error-free. Prices and promotions are subject to change, and NETGEAR cannot confirm availability or price until You place Your order. NETGEAR may cancel Your order or contact You for instructions if an item is unavailable, misstated, or mispriced, and reserves the right to limit quantities and to revise, suspend, or terminate any promotion at any time without notice.

9. Unavailability of Account; Termination; Fraud. NETGEAR may, in its sole discretion, terminate or suspend Your account access for any reason, including breach of these Terms. Upon notice of termination, You must immediately cease all access and use. NETGEAR reserves the right to cancel, delay, refuse to ship, or recall any order if fraud is suspected, without notice.